6.07.010Purpose.The purposes of this ordinance are to promote the
public health, safety and general welfare of the citizens of the city of
Missoula and to ensure the humane treatment of animals by regulating the care
and control of animals within the city. (Ord. 3472, 2011)

6.07.020Definitions. Unless
the context clearly indicates otherwise, the following definitions apply to the
provisions of this chapter:

A. “Animal” means any living vertebrate
creature, other than human beings, whether wild or domestic including, but not
limited to, all livestock and any domestic pets.

B. “Animal Control Officer” means all
peace officers as that term is defined in Montana state law as well as all duly
appointed animal control officers and animal control supervisors appointed by
either the city or county to carry out and enforce each entity’s respective
animal control ordinances.Parks and
recreation employees may be trained and appointed to enforce certain aspects of
the animal control ordinance on city parks, recreation and conservation lands.

C. “Animal control shelter” means any
premises provided by either city or county local government independently or
jointly for the purpose of impounding and temporarily caring for dogs and other
animals.

D. "Animal shelter" means a
facility used to house or contain dogs or cats or other domestic animals and
owned, operated or maintained by an incorporated humane society, animal welfare
society for the prevention of cruelty to animals or other recognized 501 (C)
(3) non-profit organization devoted to the welfare, protection and humane
treatment of such animals.

E. "Service animal" is a dog
that has been individually trained to do work or perform tasks for the benefit
of an individual with a disability.Other animals whether wild or domestic do not qualify.

F. “At large” means a dog “off leash”
and off the premises of the owner, keeper or custodian of the dog, and the
owner, keeper, or custodian is not physically present with the dog, or left
tied up and unattended on public property oron private property without the permission of the property owner or
occupant.

G. “Bite” means a wound, laceration,
bruise or puncture inflicted on a person or animal by the teeth of an animal,
or an impression or bruise on the skin made by the closure of an animal’s
teeth, or a seizure made by the teeth of an animal.

H. "Boarding Kennel" means a
facility licensed by the city under the provisions of Chapter 5.08 Missoula
Municipal Code where dogs and cats are brought for short term boarding and
animals are not owned by the kennel.Pet
day care centers are included in this definition.Veterinary hospitals are excluded from this
definition.

I. “Dangerous dog” means any dog that is
capable of inflicting death or serious injury on any person or other animal and
that has:

a. without provocation, bitten a person
engaged in a lawful activity; or

b. anywhere, without provocation,
chased, confronted or approached a person in a menacing fashion,so an average person would fear an attack; or

c. anywhere, exhibited a propensity,
tendency or disposition to attack, cause injury or otherwise threaten the
safety of persons or other domestic animals without provocation; or any dog
that has attempted to bite or to attack one or more persons.A dog may be deemed to be attempting to
attack if it is restrained by a leash, fence or other means, and it is apparent
from the dog’s excited actions that only the presence of the leash, fence or
other means of restraint is preventing the dog from making an immediate attack
upon the person or animal.In making
determinations as to whether or not a dog is dangerous, the adequacy of the
means of restraint shall be taken into consideration; or

d. anywhere acted in a manner that
causes or should cause its owner to know that it is potentially dangerous.

*No
dog may be declared dangerous for harming a person who, at the time, was
abusing or assaulting the dog or has, in the past, been observed or reported to
have abused or assaulted the dog.

P. “Multiple dog permit” means a permit
authorizing a household, individual or family unit to keep, harbor or maintain
more than two dogs over four months of age for noncommercial purposes.

Q. “Muzzle” means a humane leather, wire
or nylon restraining device, when fitted over an animals' snout, that prevents
biting and eating.The muzzle shall be
of the type that permits the animal to pant and drink..

R. “Nuisance dog” means any dog that is
allowed to:

a. Steal or damage either private or
public property; or

b. Defecate on private land without
permission of the land owner, or is allowed to defecate on public land without
the person in care of the dog cleaning up and disposing of the waste
immediately; or

c. Chase after persons not trespassing
on the property of the owner, or injuring or attempting to injure, the person,
family or property of the owner; or

d. Chase vehicles, bicycles,
skateboarders, etc. in public streets, alleys, parks or public ways; or

e. Rummage through or scatter garbage or
rubbish; or

f. Repeatedly run at large; or

g. Run at large and is an un-neutered
male; or

h. Be in heat (estrus) without being
kept in a confined area not accessible to any male dogsthat may be running at large in violation of
6.07.600; or

i. Be inside a public area where food is
being served or consumed which is designated with signs which prohibit dogs,
except when licensed as service animal dog as described in Section 6.07.700 (B)
(1).

S. “Nuisance Barking Dog(s)” means any
dog(s) that barks, howls, yelps, whines, bays or makes other noises at repeated
intervals of at least five minutes with less than one minute of interruptions
that annoys any person to an unreasonable degree.

T. “Off Leash” means a dog off the
premises of the owner, keeper, or custodian of the dog and is not under physical
restraint on a leash--as previously defined in 6.07.020 (N), even though the
owner, keeper, or guardian is accompanying the dog.

V. “Owner” means any person or custodian
possessing, harboring, keeping or having control or custody of a dog or any
person having any financial interest, right, or property in the dog.This definition also includes any person who
permits a dog to remain or about any premises occupied by that person.

X. "Pet Daycare Center" means
a general retail sales and services use that regularly provides care for
animals which may include boarding.Veterinary hospitals are excluded from this definition.

Y. “Provocation” means any teasing,
abusing or assaulting of any animal.

Z. “Quarantine” means confined inside a
secure locked building, cage, kennel or pen to prevent possible spread of
communicable disease.Isolation shall be
required so that contact between the confined animal and any person or other
animal is not possible, and so that it can be observed daily under the
supervision of a licensed veterinarian or animal control officer.

AA. “Rabies vaccination” means the
inoculation of an animal with anti-rabies vaccine that has been approved for
that species, having an effective immunity of at least one year, and
administered by a licensed veterinarian in accordance with the current edition
of the “Compendium of Animal Rabies Control”, published by the National
Association of State Public Health Veterinarians, Inc.

BB. "Safekeeping Animals"
means any animal held by Animal Control for an owner that is temporarily unable
to care for the animal due to emergency hospitalization, temporary
incarceration, or for the protection of the animal.

CC. “Serious or severe injury” means any
physical injury that results in lacerations or wounds requiring either surgery
or one or more stitches, or broken bones, or results in any death to person or
animal including but not limited to putting another animal to death as a result
of injuries received.

DD. “Shelter/Dog House” means a
structure that is moisture proof and windproof of suitable size to accommodate
the dog and allow retention of body heat.It shall be made of durable material with a solid, moisture proof floor
or a floor raised at least two inches from the ground. Between November 1 and
March 31 the structure must have a windbreak at the entrance.The structure shall be provided with a
sufficient quantity of suitable bedding material consisting of hay, straw,
shavings, blankets, or the equivalent, to provide insulation and protection
against the cold and dampness and promote retention of body heat.

EE. “Without Provocation” means an
action by an animal not in immediate response to the animal being teased,
abused or assaulted by any person, or not in response to pain or injury
suffered by the animal.

FF. “Vicious dog” means any dogthat in the opinion of an Animal Control
Officer:

a.has
caused death or serious or severe injury to a person engaged in a lawful
activity; or

b.has
attacked or bitten without provocation a person engaged in a lawful activity;
or

c.has;
while offthe property of its owner and
without provocation, killed or seriously injured another animal; or

d.has
ever been trained for dog fighting or has ever been owned, kept or harbored for
the purpose of dog fighting.

GG. “Voice Restraint” means that the dog’s
owner or custodian can see the dog and is personally within seventy-five (75)
feet of the dog and is able to effectively control and recall the dog at all
times and is not allowing the dog to fight with other dogs or chase or harass
wildlife or approach to within fivefeet
of other people.Any dog under voice
restraint must move immediately to its owner, keeper, or custodian when
commanded by its owner, keeper, or custodian to do so.Exception:governmental service dogs and a sheep dog owned by a city contractor
while it is performing shepherding activities are exempt from this
definition.

a."Voice
Restraint Area" means an area designated by the City Council pursuant to
6.07.618 MMC for the exercise of dogs under voice restraint.

HH. “Wild animal” means skunks, foxes, raccoons, bats,
wolves, wolf-hybrids,coyotes, bobcats,
bears, mountain lions and any other species of normally non-domesticated
animals known to be capable of transmitting rabies and that do not have a
proven anti-rabies vaccine.

(Ord. 3547, 2015; Ord. 3472, 2011)

6.07.030 Penalty--Fines.Any
violation of any of the separate provisions in this title constitutes a
separate offense.In addition, each day
an offense exists shall also constitute a separate offense pursuant to this
title.The city of Missoula Municipal
Court judge shall assess fines for violations of this title as set forth in
this section.

A.Any
person that is found guilty of a violation of Section
6.07.460 (Cruelty to Animals) shall be fined from one hundred dollars
($100.00) up to five hundred dollars ($500.00).

B.A person convicted of the offense of
interference with a police dog under 6.07.650
may be fined an amount not to exceed $500.00 or be imprisoned in the county
jail for a term not to exceed 6 months, or both.

C.Except
as otherwise provided in 6.07.030 (A) and (B),
any person that is found guilty of a violation or violations of Chapter 6.07
and Chapter 6.08shall be fined as
follows:

6.07.400 Animals given to humane society.Any
animal given by Animal Control to the humane society or other 501 (C) (3)
animal rescue organization as an alternative to destruction, shall be given
free of charge. (Ord. 3472, 2011)

6.07.420 Freeing confined animals.It is
unlawful for any person to open gates or doors or otherwise cause or permit
animals to escape confinement against the wishes of the owner, custodian, or
keeper. (Ord. 3472, 2011)

6.07.430 Animal waste.The
owner or custodian of an animal is responsible for the immediate removal of any
excreta deposited by his or her animal on any public walk, park, boulevard,
trail, recreation area, conservation area or other public right-of-way, or any
private property outside the owner’s or custodian’sown property.The owner or custodian of an animal is
responsible for periodic removal of excreta in a kennel and on the owner's or
custodian’s property. (Ord. 3472, 2011)

6.07.450 Provoking animals.It is
unlawful for any person to tease, abuse, assault, or in any way disturb a dog
or other animal with the intent to cause it to bark or attack any person. (Ord. 3472, 2011)

ii.the use
of commonly accepted agricultural and livestock practices on livestock;

iii.lawful
wildlife management practices;

iv.lawful
fishingactivities;

v.lawful
scientific or agricultural research or teaching that involves the use of
animals;

vi.services
performed by a licensed veterinarian;

vii.lawful
control of rodents and predators and other lawful animal damage control
activities.

Carrying or confining
any animal in a cruel manner;

Failing to provide an
animal in the person’s custody with proper food, drink, or shelter dogs
kept outside must be provided a shelter/dog house that is moisture proof
and windproof and of a suitable size to accommodate the dog being kept
and allow for retention of body heat.The shelter/dog house shall be made out of durable material with a
solid, moisture proof floor or a floor that is raised from the ground at
least two inches. Between November 1 and March 31 the shelter must have a
windbreak at the entrance.The shelter
shall be provided with a sufficient quantity of suitable bedding material
consisting of hay, straw, shavings, blankets, or the equivalent, to
provide insulation and protection against the cold and dampness and
promote retention of body heat.

Failing to provide an
animal in the person’s custody with in cases of immediate, obvious,
serious illness or injury, the services of a licensed veterinary or other
appropriate medical care;

Abandoning any
helpless animal or abandoning any animal on any highway, railroad, or in
any other place where it may suffer injury, hunger, or exposure or become
a public charge;

Laying out or
exposing any poison for the purpose of killing, sickening, or crippling
any dog, cat, domestic pet or livestock, or aiding and abetting any
person doing so;

Promoting,
sponsoring, conducting, or participating in an animal race of more than 2
miles, except a sanctioned endurance race; or exposing any animal to leg
hold traps or snares;

Owning, possessing,
keeping, or training any animal with the intent that the animal fight or
be engaged in an exhibition of fighting with another animal;

Allowing or causing
any animal to fight with another animal or causing any animal to menace
or injure another animal for the purpose of sport, amusement or gain;

Participating in or
attending any exhibition in which animals are fighting for the purpose of
sport, amusement, or gain; or

Engaging in companion
animal hoarding defined as possessing an excessive quantity of animals so
that any of the conditions outlined in 6.07.460 (A ) (2) through (5)
exist.

If, after performing an investigation,
the Animal Control Officer feels that an animal is being subjected to any
one of these violations, the officer shall have the power to immediately
impound the animal to ensure that it receives proper care and/or
veterinary attention at the owner’s expense.

A.Findings. Wild animals pose serious threats to
human health and safety while the wild animal is in captivity and if it escapes
from captivity. Wild animals have very specific biological requirements best
met in their natural habitat and, therefore, whenever wild animals are confined
in captivity, they should be confined under the supervision of qualified
zoological or otherwise competent professional caretakers. Furthermore, it is
unsuitable and cruel to involve wild animals in any display, act or exhibit which causes them to be harassed,
or be made to act in any naturally uncharacteristic way or otherwise engage in
unnatural behavior. Also, since wild animals kept in captivity could cause
cityproperty owners and residents much
concern, expense and inconvenience if they escape or are inadvertently set
free, their presence inside the city while kept in captivity shall always be
made known to city police and animal control officials.

B.Wild Animal Defined‑‑Exclusions.
For purposes of this section, "wild animal" means an animal wild by
nature, as distinguished from the common domestic animals, whether the animal
was bred or reared in captivity, and includes birds and reptiles, except the
following:

12.Domesticated races
of rats or mice (white or albino, trained or laboratory‑reared);

13.Domesticated races
of the species Oryctolagus cuniculus (rabbits);

14.All captive‑bred
members of the species of the families Psittacidae (parrots, parakeets),
Anatidae (ducks), Fringillidae (finches), and Columbidae (doves and pigeons);

15.All captive‑bred
members of the species Serinius canaria of the class Aves (canaries);

16.Domesticated races
of the species Carassius auratus (goldfish);

17.Captive‑bred
members of the superorder Teleostei of the class Osteichthyes (common aquarium
fish);

18.All species of the
class Insecta, except Africanized bees.

C.Prohibitions:

1.No resident person
may own, possess or have custody of any wild animal, unless that person obtains
a permit from the Montana Department of Fish, Wildlife, and Parks pursuant to
Title 87, Chapter 4, Part 8, Montana Code Annotated; except for licensed
veterinarians and incorporated humane societies or animal shelters tending to
injured or sick wild animals.

2.No roadside
menagerie or zoo involving one or more wild animals, including birds, reptiles
and the like kept in captivity for the purpose of exhibition or attracting
trade shall be established and maintained inside the city unless a permit has
been obtained from the Montana Department of Fish, Wildlife, and Parks pursuant
to Title 87, Chapter 4, Part 8, Montana Code Annotated.

3.No person may sponsor,
promote or train a wild animal to participate in, contribute to the involvement
of a wild animal in, or attend as a spectator any activity or event in which
any wild animal engages in unnatural behavior or is wrestled, fought, mentally
or physically harassed, or displayed in such a way that the animal is abused or
stressed mentally or physically, unless and except where the activity is part
of either an educational or instructional program conducted by a wild animal
caretaker who has a state permit allowing possession or custody of a wild
animal(s), or the activity is part of a circus performance and the act is part
of a circus act performed under the direction of a competent professional wild
animal caretaker or trainer.

D.Enforcement
Authority. The city police department and Animal Control Officers shall have
authority to make investigations or inspections and issue appropriate warnings
and complaints concerning wild animals held in captivity within the city; and
further shall have, at all reasonable times, access to all locations and
facilities where wild animals are held.

(Ord. 3472, 2011)

6.07.480 Diseased AnimalsNo diseased or sickly horse, cattle, swine,
sheep, dog or cat or other animal, nor any that have been exposed to any
disease that is contagious among such animals, shall be brought into the city,
except for treatment at a veterinary clinic or animal hospital.

A person keeping, using or maintaining any stable, pen, kennel, lot or
premises within the city as a hospital for sick or diseased horses, cattle,
dogs, cats, hogs, or other animals, where the animals are confined or kept in
foul, offensive or malodorous conditions which may cause an annoyance to any
community, family or person, or where an animal control or health officer determines
the conditions may be detrimental to the health of the community shall be
guilty of maintaining a nuisance.

A.It is unlawful for the owner, custodian or
keeper of a dog to knowingly, purposely or by neglect allow the dog to be at
large or off leash unless:

1.the dog
is located in a vehicle with the permission of the vehicle’s owner.

2.the dog
is actually participating in dog shows or instructional dog obedience training
classes. A dog may be temporarily off of a leash for these purposes as long as
the dog’s owner or custodian is personally present and able to effectively
control the dog at all times.

3.Any dog
under actual voice restraint in a Designated
Voice Restraint Area, subject to the conditions established in 6.07.618, shall
not be deemed off leash or at large.

B.Tying a dog to an object such as a light pole,
parking meter, bicycle rack, tree, or other object, etc while the dog is on
public property, or on private property without the permission of the property
owner or occupant and leaving the dog unattended is considered to be a dog at
large and is a violation of this section.

C.An animal control officer may return a
licensed dog to the custody of its owner in lieu of impoundment, however all at
large dogs are subject to immediate impoundment.

(Ord. 3472, 2011)

6.07.605Leash length.An
owner, keeper, or custodian of a dog must maintain a dog on a leash with no
more than 6 feet of the leash’s length being utilized with the following
exceptions:

A.a retractable leash extending a maximum of
sixteen (16) feet is allowed in open areas away from streets, alleys, or
sidewalks.

A.In any area posted by city/county staff as a
"dogs not allowed” or “no dogs”pursuant to 12.40.010 (C),except
governmental service dogs and sheep dogs owned by a city contractor herding
sheep may be in a "dogs not allowed” area while acting in those
capacities

B.Other public and private properties posted as
“dogs not allowed” or “no dogs” or other property with signage indicating that
dogs are not allowed

(Ord. 3472, 2011)

6.07.614Procedure to designate "voice restraint" areas.When considering
whether or not to designate a voice restraint
area, the City/County Animal Control Board and the city Park Board shall
provide due notice and may hold a public hearing on the matter first.After the public hearing, the boards shall
forward a recommendation to the City Council for a final decision.If the City Council designates voice restraint areas, they may restrict usage in
any manner.All usual entry points into
designated voice restraint areas shall be marked
with appropriate signage.

A.City conservation lands including: Mount
Jumbo, North Hills, city-owned portions of Mount Sentinel (the south face of
Mt. Sentinel), Tower St conservation lands, the eastern portion of the Kim
Williams Trail starting 1,100 feet east of its intersection with the Van Buren
pedestrian trail, except as posted, or when closed pursuant to 12.40.010 (C)
subject to the following exceptions/conditions:

1.All dogs must be on leash at all open space/conservation
lands trailheads including ~ the first 200 yards from any trailhead or private
property or as posted.

2.All dogs must be on maximum 6 foot leash on
the Mount Jumbo "L" trail.

3.All dogs must be on maximum 6 foot leash on
the Mount Sentinel "M" trail. (Managed by UM)

4.Parks and Recreation is authorized to close
and post any trail or land and/or require dogs to be on leash in voice restraint areas for human safety, protection
of wildlife or sensitive plant species, or for maintenance work, including but
not limited to forest thinning, trail construction, herbicide treatments, sheep
grazing, etc.

A.If an
unaltered dog is determined to be either a dangerous or vicious dog by an
Animal Control Officer or by a judge, it shall be required to be sterilized or
neutered at the expense of the dog owner within thirty days. If an animal
control officer determines that a dog is either dangerous or vicious and orders
the dog to be sterilized, the dog owner shall be given a notice of right to
appeal.The dog owner has ten (10) days
from the date of the notice to appeal sterilization order to municipal
court.The order of sterilization shall
be stayed until appeal time has expired.

B.If an
unaltered dog that is six months of age or older has been impounded twice
within a twelve-month period, the dog owner, custodian, or guardian shall be
required to purchase a spay/neuter certificate when the dog is reclaimed. The
owner, custodian, or guardian shall be required to pay for a spay/neuter
certificate that shall expire within 30 days and is redeemable at a veterinarian
of the dog owner's choice. The owner must pay any additional veterinarian fees
accrued and all other impound and board fees before the dog is released.If the unaltered dog is picked up for a third
impound within twelve months, or five times over the life of the dog, the
mandatory sterilization rule will be strictly enforced andthe dog shall be transported by animal
control for spay or neuter to a veterinarian of the dog owner’s choice. The dog
owner shall be responsible for all veterinarian fees and shall pay all impound
fees before the dog will be released to the owner.

C.If a dog
is deemed to be a nuisance while in heat, under section 6.07.020 (Q) (9)the dog may be required to be
altered within thirty days.

D.Failure
to alter an animal that has been found in violation of this section shall be
deemed unlawful conduct and the owner, keeper or custodian shall be subject to
a fine as provided in 6.07.030 (C).

Upon receipt of a complaint by one or
more persons setting forth the nature and the date of the alleged
dangerous or vicious dog act(s), the location of the animal, and the
description of the animal doing such act(s), an animal control officer
shall investigate the complaint to determine if, in fact, the animal is a
potentially dangerous or vicious dog.

It shall be the responsibility and duty
of an animal control officer to conduct an investigation and determine if
a dog is a “dangerous dog” or a “vicious dog” within the provisions of
this chapter.Any determination
that a dog is either a “dangerous dog” or “vicious dog” shall be made in
writing and a copy of the written determination must be provided to the
dog’s owner or keeper.If the
property on which the dog is kept is not in compliance with the provisions
of this chapter pertaining to the keeping of “vicious” or “dangerous”
dogs, the animal control officer may issue an order requiring that the
property be brought into compliance with the provisions of this chapter
pertaining to the keeping of “vicious” or “dangerous” dogs within fourteen
days.

It is unlawful for the owner, custodian
or keeper of any dog to allow the animal:

To engage in any
dangerous dog conduct or behavior as defined in section 6.07.020 (I) or
in any vicious dog conduct or behavior as defined in section 6.07.020
(GG).Any dangerous animal may be taken in and impounded by the animal
control officer whenever a violation has occurred in the animal control
officer’s presence or whenever a citizen has registered a citizen
complaint, that in the opinion of an animal control officer adequately
establishes probable cause, charging the animal owner with a violation of
this section and after performing a thorough investigation the animal
control officer is of the opinion that the situation requires that the
dog be impounded to protect the safety and well-being of humans or other
animals;

For the owner
custodian or keeper of a dangerous dog to have the animal on their own
property without taking the following steps:

i.Securing
the dog from the public, which includes but is not limited to persons that have
access to that property such as mail carriers, meter readers, etc., by
confining the dog in a securely locked, fenced yard that will prevent the entry
of the general public and to preclude any release or escape of the dangerous
dog and is adequate to confine all dogs living or staying on the premises;

ii.Warning
the public about the presence of the dangerous dog by posting visible legible
signage on and around the property reading either “dangerous dog” or “beware of
dog”.

For the owner,
custodian, or keeper of a vicious dog to:

i.Have the
animal on their property without securing the dog from public contact by
keeping the dog in a confined kennel approved by the animal control officer
that includes a secure roof and sides that shall be securely locked to prevent
the entry of the general public and to preclude any release or escape of the
vicious dog;

ii.Have the
animal on their property without warning the public about the presence of the
vicious dog by posting visible legible signage on and around the kennel reading
either “vicious dog” or “beware of dog”;

iii.have the
animal off their property unless the dog is securely muzzled and adequately
restrained on a leash;

iv.Have,
possess, or own the animal unless they are at all times able to produce
evidence of liability insurance in an amount not less than twenty-five thousand
dollars covering any damage or injury that may be caused by such vicious dog
during the period for which the dog is within the city, and the liability
insurance policy shall contain a provision requiring the municipality to be
named as an additional insured for the sole purpose of being notified by the
insurance company of any cancellation, termination or expiration of the
liability insurance for the vicious dog.

It is unlawful for the owner, custodian or keeper of any dog to
allow the animal to engage in any nuisance dog conduct or behavior as
defined in section 6.07.020 (R) and fail to take the necessary steps
required to correct nuisance conduct or behavior.Any nuisance animal may be taken and
impounded by the animal control officer whenever a violation has occurred
in the animal control officer’s presence, or whenever a citizen has
registered a citizen complaint, that in the opinion of an animal control
officer adequately establishes probable cause, the animal control officer
shall citethe animal owner,
keeper or custodianwith a
violation of this section.If the
dog continues to be a nuisance during the pendency of that complaint or
the urgency of the situation requires immediate action, the dog shall be
impounded.Any person aggrieved by
an alleged nuisance animal may make application to the city attorney’s
office seeking to charge the animal’s owner with any alleged violations;

Investigation of nuisance barking dogs:

Upon receiving a complaint of possible nuisance barking dog
conduct at any given address within the city of Missoula, Animal Control
will respond and leave a notice of violation/warning and/or a verbal
warning with the dog owner or temporary owner and provide them with
written or oral information on how to correct the alleged nuisance
barking dog conduct.The
complainant will be mailed a Nuisance Barking Dog Conduct Log Form
describing what information needs to be collected in order to seek a
possible citation being issued against the owner, temporary owner or
custodian should the notice of violation or warning not correct the
problem.The complainant is also
encouraged to talk with the dog(s) owner in an effort to work things out
prior to lodging a formal complaint.Complainant and dog(s) owner will also be advised of possible
mediation remedies.

Upon receiving an accurately completed Nuisance Barking Dog
Conduct Log Form, along with complainant’s signature indicating their
willingness to testify in court as to the truthfulness of the log, Animal
Control will determine if the log reflects an accurate description of a
nuisance dog(s) in violation of this section and may issue a citation in
an effort to correct the problem.

No person shall be charged with violating this section unless any
employee of the city or county gave a written warning to the owner(s)
within the past thirty days. No person shall be convicted at trial of
violating this section unless two or more witnesses testify to the loud,
persistent and habitual nature of the noise, or unless there is other
evidence corroborating the testimony of a single witness on this element.

1.Law
enforcement officer" means a person who is a peace officer as defined in
46‑1‑202, MCA.

2."Police
dog" means a dog that is:

a.used by
a law enforcement agency, as defined in 7‑32‑201, MCA, in the
exercise of its authority;

b.specifically
trained for law enforcement work; and

c.under
the control of a law enforcement officer.

B.A person
commits the offense of interference with a police dog if he purposely or
knowingly, provokes, grabs, strikes, interferes, or injures a police dog being
used by a police K-9 handler in the performance of his or her official duties.

C.A person
convicted of the offense of interference with a police dog shall be subject to
the penalty provided in Section 6.07.030
(B).

It is unlawful for any person to own,
keep, harbor, or maintain in the city, any dog over four months of age
unless the dog is duly registered and licensed as provided in this
article.Licenses shall be issued
by the City Treasurer, by animal control officials at the animal control
shelter or by duly appointed license agents upon presentation of the
following:

Written proof that
the dog has been vaccinated by a licensed veterinarian against rabies and
that the period of effective immunizationhas not expired; orthe dog
has a rabies exemption certificate as allowed for in 6.07.1400 B;

If applicable,
written proof that the dog has been spayed or neutered;

Fees for registration
and licensing shall be set by resolution of the Missoula City Council.

The following dogs shall be licensed upon
written proof of vaccination as set forth in this section, but shall be
exempt from the annual license fee:

Any government police
service dog:

Any dog licensed on
or before September 10, 2003 by a senior citizen will continue to receive
a free license for that particular dog until the demise of said dog.

Licenses shall not be issued to any
person under the age of eighteen years unless a parent or guardian signs
the application as co-owner.

The animal control supervisor may, after
ten days written notice, revoke any license if the person holding the
license fails or refuses to comply with any provision of this part.

The owner of any dog whose license is
revoked shall, within ten days thereafter, remove the dog from the city or
humanely dispose of the dog at a licensed vet clinic, and no part of the
license fee shall be refunded.

The withholding or falsification of any
required information on any application shall be grounds for refusal to
issue a license or for revocation of a license which has been issued.

If a license has been revoked, a person
may reapply for a license by showing that the ordinance violation has been
corrected and/or by agreeing to comply with the ordinance provision, and
paying an additionalreinstatement
fee for the license.

In any prosecution for a violation of
this section, any dog found off the owner’s premises without a license tag
shall be deemed unlicensed, even though a license has been issued for that
dog, and shall be a prima facie evidence that the dog has not been legally
licensed, unless the dog is leashed and accompanied by a person who has a
copy of the license certificate in his or her immediate possession.

If during a license period a dog is sold
or title or ownership of a dog is transferred to a new owner, the new
owner shall apply to an authorized dog license agent for a transfer of
such animal’s license and pay a transfer fee.Upon receipt of the transfer fee, a
certificate of transfer bearing the name and address of the new owner shall
be issued.The license will then remain
valid for the duration of the original license.Until the certificate of transfer has
been issued to the new owner, the original owner, at the discretion of
Animal Control, may be responsible for any violations of this title and
may pay any fines or fees charged as a result of the violations.

J.No refunds shall be made on any license
because of the death of the dog or the owner leaving the city before the
expiration of the license.

K.Puppy
licenses may be issued to dogs between the ages of 4 months and 6 months if
they receive their rabies vaccination during that time.

L.Licenses
shall run concurrently with the dog’s rabies vaccination; all licenses shall
expire the same date the rabies vaccination expires, but no license shall
exceed a total of three (3) years.A
late fee will be assessed if the license is not renewed by license expiration
date; plus a 30 day grace period.At
least one notice of license expiration will be sent to the license holder
within one month prior to the date of expiration.Dog owners who move into the city with an
unlicensed dog or who acquire an unlicensed dog, have a 60 day grace period
from the date the dog is brought to the city to license the dog before being in
violation of this section.Pro-rated
licenses may be offered for newly acquired dogs or for dogs having moved into
the city of Missoula within the last 60 days.Other licenses will not be prorated.

M.When
calculating license fees, the fees are to be figured from the date of
vaccination to date of expiration of vaccine (no more than 3 years) or can be
calculated for a period of 1 or 2 years from date of vaccination as long as
vaccination is valid during that time.The owner shall state at the time the application is made for the
license and upon forms provided for that purpose, his or her name, address, the
dog’s name, breed, color sex, age, coat and any identifying marks of the dog
for which the application is made, the date and by whom the rabies vaccination
was given, and the number of the rabies tag.The provisions of this section shall not apply to nonresidents have dogs
within the city less than 60 days.

A.Upon
receipt of a proper application, proof of vaccination, and the license fee, the
owner shall receive a license certificate, and a metallic tag displaying a
license number.The shape and color of
the tag may be changed periodically and shall be stamped with a number
corresponding with the number on the certificate.Every owner is required to provide each dog
with a substantial collar, to which the license tag shall be affixed at all
times.

B.In the
event that a dog tag is lost or destroyed, a duplicate shall be issued by an
authorized dog license agent upon presentation of an affidavit to that effect
and a payment of the duplicate fee.

C.License
tags are not transferable from one dog owner to another, unless such transfer
isdone by an authorized dog license
agent

D.It is
unlawful for any person to cause or permit a license tag to be placed upon a
dog for which it was not issued.Any dog
found with a license tag issued for another dog shall be deemed unlicensed.

E.It is
unlawful for an owner to cause or allow a dog to be off the owner’s premises
when the dog is not wearing a collar and license tag issued for that dog,
unless the dog is leashed and accompanied by a person who has a copy of the
license certificate in his or her immediate possession.

(Ord. 3472, 2011)

6.07.720 Number of dogs.It is
unlawful for any person, family or household to keep, harbor or maintain more
than two dogs over four months of age for sixty days or more in or on any
premises without first obtaining a multiple dog permit from the Animal Control
Board as provided in section 6.07.730.

(Ord. 3472, 2011)

6.07.730 Multiple dog permit.A
multiple dog permit is required by any person, family, or household owning,
keeping, or harboring, more than two dogs over the age of four months for sixty
days or more.Application for the permit
shall be made with Animal Control.The
following conditions must be met before the permit can be issued:

A.All dogs must have valid licenses;

B.The intended facilities must be inspected by
the Animal Control Board or its designee.The permit shall not be issued unless the inspection reveals that the
following have been met and must continue to be complied with:

1.There is an adequate enclosure of the dogs on
the premises,

2.A minimum of five neighbors have been
contacted, at least two of which whose property lies adjacent to the
applicant’s property, and who have no objections to the issuing of the permit;

3.The owner uses suitable means of disposing of
the dog excreta so that it does not become a nuisance or a health hazard,

4.That in the investigating officer’s opinion,
the dogs will receive proper food, water, shelter and general care.

5.There have been no valid nuisance barking or
at large complaints lodged for this owner within the past two years.

6.The owner agrees to manage the dogs such that
valid barking complaints are not filed, If found guilty of a barking complaint
the multiple dog permit shall be immediately revoked for a period of one year.

C.Following the inspection, based on the
information submitted by the applicant and on the recommendation of the
investigating officer, the Animal Control Board shall approve or deny the
application.The board may issue a
conditional permit but must state the permit conditions on the document and
ensure that the applicant is advised of the conditions.

D.After receiving notification of the board’s
approval, the applicant must pay Animal Control a multiple dog permit fee of
fifty dollars per year, unless that fee is waived by the Animal Control Board
based on information submitted by the applicant and the investigating
officer.The permit fee may be waived
for reasons including, but not limited to, the size of the dogs, their age
and/or health status or special care conditions.

E.All premises for which a multiple dog permit
is issued are subject to annual inspections by the animal control office, board
or its designee.The inspections may
also be instigated by a complaint filed by an interested person.The board on determining that such premises
are not being maintained and/or the conditions of the permit are not met, may
recommend a revocation or denial of the permit if it is deemed necessary. The
permittee shall be given a 30 day written notice of board’s
recommendation/revocation/denial during which s/he may appeal the board’s
recommendation to the City Council.The
City Council shall revoke or reinstate the permit by a majority vote.

F.A permit authorized by the board must contain
the following information:

1.Name and address of the person to whom the
permit is granted;

2.The number of dogs for which the permit is
granted;

3.Any special conditions required by the board.

(Ord. 3472, 2011)

6.07.740 Licensee’s liability --Transfer of license.In
all prosecutions for violations of this chapter the person who applied for and
obtained the license for the dog in question shall be deemed the person
responsible for the violation unless there has been a transfer of ownership
prior to the violation.Any transfer of
ownership must be evidenced by a transfer license issued by furnishing the name
and address of the transferee to the City Treasurer and paying a transfer fee. (Ord. 3472, 2011)

6.07.750 License agents.The
City Treasurer may appoint the animal control officer as a license agent and
may appoint additional license agents as he or she may deem necessary or expedient.
(Ord. 3472, 2011)

6.07.760 Reimbursement of additional license agents.When
the city authorizes additional agents for the purpose of issuing dog licenses,
the costs of licenses procured through such agent will be five dollars more
than the regular fee, the five dollars ($5.00) to be awarded to the agent for
the costs incurred in performing licensing duties.License agents will settle accounts with the
city periodically. (Ord. 3472, 2011)

6.07.800Purpose.The purpose of this ordinance is to encourage
responsible pet ownership. Requiring the spay and neuter ofcats is intended to reduce the feline birth
rate thereby reducing the number of unwanted and homelesscats andthe number of cats that must be euthanized at animal shelters.) (Ord. 3472, 2011)

6.07.810Definitions.As used in this part unless the context
otherwise indicates, the following terms shall have the meaning ascribed to
each:

A.“Altered” means any animal that has been spayed
or neutered.

B.“Breeder’s License” means a license issued to
an owner of cats that are kept for the purpose ofbreeding or of cats which are allowed to
reproduce.

C.“Cat” means any commonly domesticated feline
animal and includes both the male and female sex of the species.

E.“Free Roaming” means any cat that is not
restrained and is off of the property of the owner.

F.“Nuisance Cat” means

1.Any cat that is free roaming and is not
altered.; or

2.Any cat that is a vicious animal in that it
may cause injury to any person/s animal or property or may be a hazard to
public safety; or

3.Any cat that causes unreasonable fouling of the air by odors; or

4.Any
cat that causes unsanitary conditions in enclosures or surroundings; or

5.Any
cat which defecates or urinates on any public sidewalk, park or building or on
any private property without the consent of the owner of such property, unless
the person owning, having a proprietary interest in, harboring, or having care,
charge, control, custody, or possession of such animal shall remove any such
defecation to a proper trash receptacle; or

6.Any
cat that whines, calls or makes other disturbing noises in an excessive or
continuous fashion; or

7.Any
cat that attacks other domestic animals; or

8.Any
cat that is determined by an Animal Control Officer to be offensive or
dangerous to the public health, safety or welfare.

G.“Owner” for the purposes of this part means an
adult person or temporary or permanent custodian possessing, harboring,
keeping, feeding, sheltering or having control or custody of a cat or any
person having any financial interest, right, or property in the cat and also
includes any person who knowingly permits a cat(s) to remain on or about any
premises occupied by that person.

B.It is unlawful for any person to feed a stray
or homeless cat(s) without taking fullresponsibility for the cat(s) by providing the cat(s) with continued
humane treatment which shall include proper food, water, shelter,veterinarian care, rabies vaccination, and
altering the cat(s).It is not unlawful
for a person to feed a stray or homeless catwhile using a humane trap or to sustain a catfor transport to a shelter during those
periods of time when local animal shelters are closed to receiving animals from
the public.

C.It is unlawful for any owner to own a pair of
cats of opposite sex of breeding age (six months of age or older) without one
or both of the cats being altered even if the cat(s) are not free roaming.Animal shelters are required to comply with
M.C.A. 7-23-4202.

D.It is unlawful for any person to offer for
sale or for free any cat(s)without the
cat(s) being altered, with the exception of licensed cat breeders, veterinarian
clinics, pet stores with a current city business license and animal
shelters.Animal shelters are required
to comply with M.C.A. 7-23-4202.

E.It is unlawful for a person to own a breeding
cat(s) without a valid breeder’s license.

A
breeder’s license will be issued upon presentation of current rabies
certificates for all cats four months and older to be included on the
license and after successfully passing a facility inspection by an animal
control officer indicating full compliance with part C of this section.

i.Breeder’s
license annual fee shall be set by resolution of the Missoula City Council

All licensed cat breeders and breeder’s license applicants located
within the city of Missoula shall have an inspection of their facility by
an Animal Control Officer. An animal breeder shall allow inspection of the
facility by an officer during any reasonable time of day.Whenever an Animal Control Officer
visits a breeder’s facility, a physical copy of the officer’s findings
will be provided to the owner.

All owners applying for or possessing acity of Missoula breeder’s license shall
provide all cats in their care with the following:

2.If cat(s) are kept in enclosures, enclosures
shall be constructed to provide sufficient space to allow each animal to
exercise normal postural movements.Enclosures shall be structurally sound and maintained in good repair to
protect the animals from injury.Enclosures shall provide the animal contained within them adequate
ventilation to avoid any discomfort associated with lack of proper air
circulation.

3.Kittens shall not be housed in the same
enclosure with adult cats other than their nursing queen.

4.Indoor housing facilities shall be adequately
ventilated by natural or mechanical means to provide for the health and to
prevent discomfort of the animals at all times.The facility shall have ample light, by natural or artificial means, or
both, of good quality and well distributed.

5.Housing for the animals shall be sufficiently
heated or cooled when necessary to protect the animals from cold or
overheating, and to provide for their health and comfort.

6.Enclosures shall be cleaned as often as needed
to maintain sanitary, healthy conditions for the animals.

7.Animals shall be provided with sufficient
clean, dry bedding to meet the needs of each individual animal.

8.Food and water containers shall be kept free
from contamination of any foreign debris.

9.Animal waste shall be removed from any
enclosure daily and shall be disposed of in accordance with local garbage
disposal laws.

The cat breeder will be given 10 days
from notice of failed inspection to bring their facility into compliance
before action will be taken to either deny or revoke their breeder’s
license.

Failure to comply with any provision of this section shall result
in revocation and/or denial of the breeder’s license by animal control.

A
revoked breeder's license may be reinstated only after successfully
passing a facility inspection and paying an additional fee as set by
resolution of the Missoula City Council.

License revocation appeal hearing

1.Any person subject to an order by Animal
Control that results in the revocation of a breeder’s license may request a
hearing before the Animal Control Board.

2.The Animal Control Board shall schedule a
hearing within thirty (30) days after receipt of a written request and shall
notify the applicant of that hearing.

3.Public hearings must proceed in the following
order:

4.first, the department shall present a staff
report, if any.

5.second, the person who requested the hearing
shall present relevant evidence to the Board; and

6.third, the Board shall hear any person in
support of or in opposition to the revocation and shall accept any related
letters, documents or materials.

7.Within seven days after a hearing regarding a
revocation of a breeder’s license, the Animal Control Board shall issue a final
decision that affirms, modifies or rescinds the revocation.

A.Upon receipt of a complaint by one or more
persons alleging the presence of possible nuisance cat(s) and the description
of the suspected cat(s), an animal control officer may investigate the
complaint to determine if in fact the animal is a nuisance cat.

B.Persons bothered by a nuisance cat may
humanely trap the cat(s) on complainant’s property.Complainants may deliver the cat to the
animal control shelter during those times when the shelter is open to the
public.Humane traps will be available
at animal control for a nominal fee and/or refundable deposit.Persons using animal control traps shall be provided
instructions regarding use of humane traps.

A.The department shall order the owner of a
nuisance cat to have the animal altered at the owner’s expense.

B.A citation or order may be issued to the owner
of a cat or licensed breeder for failure to comply with any applicable section
of this part.

C.Animal control may set humane traps, resulting
from complaints, where free roaming nuisance cat(s) are suspected and a secure
trapping site is available.

D.Cats may be impounded at the city/county
animal control shelter.

E.Any unaltered cat that is impounded shall be
spayed or neutered prior to return to owner.All costs associated with the impound, including but not limited to
alter expense, impound fees, and boarding fees, shall be the responsibility of
the owner.These costs shall be paid in
full prior to reclaiming the cat.If the
owner fails to reclaim the cat, the owner shall still be responsible for those
costs.Animal control shall transport the
cat to owner’s choice of veterinarian clinics within the city limits.

A.Minimum parcel size: It is unlawful for any
person to keep or maintain any livestock within the corporate limits of the
city on a parcel of land that is less than one acre in size.

Exemptions:This section shall not apply to real property annexed into the city
after January 1, 1989; this exemption terminates when the keeping of livestock
otherwise unlawful pursuant to this part has ceased or been abandoned for at
least two years.It is the duty of the
owner or keeper of livestock to maintain sufficient records relating to their
exemption at a particular location in order to maintain their rights to keep
livestock.

B.It is unlawful for any person who is the
owner, keeper or temporary custodian of any livestock-- domestic or exotic to
allow the same to be at large within the city limits by being off of the
premises owned or leased by the owner, keeper or temporary custodian. This
section shall not apply to persons engaged in the transportation of livestock
to market or to participate in an exhibition, event or parade or a Missoula
County Fair at the Missoula County Fairgrounds.

C.It is unlawful to keep or maintain in an
unclean or unhealthful state or unsanitary condition any house, barn, shed, pen
or other structure in which the livestock are held in captivity. Places where
the livestock are kept in captivity within the city shall at all times be
subject to inspection for cleanliness, health and sanitation purposes by the
city health officer or city animal control officer, and if the officer
determines the premises are not being maintained in a clean and sanitary
manner, he/she shall declare the same a nuisance and order it abated.

1.Livestock which are kept, harbored, housed,
corralled or otherwise maintained within the city limits shall be securely
confined within an enclosed area.The
enclosure shall be adequate to prevent the escape of the animals.

2.The owner, keeper or custodian must provide a
windbreak and shade for the livestock.

3.The owner, keeper or custodian shall provide
adequate food and water to the livestock in sufficient quantities to ensure the
health of the livestock.

4.The smallest enclosure in which any livestock
may be kept shall be a land area of at least one‑half acre in size.The enclosure may include a barn, stable or
other shelter intended for use by the animal(s).It shall not include any other building
structures.

5.Animal excreta shall be removed weekly, at a
minimum, from the area where livestock are kept.

6.Adequate vegetative cover and/or frequent
water irrigation sprinkling shall be provided where livestock are kept between
April 1st through October 31st to alleviate or eliminate dust as a potential
nuisance problem for nearby neighbors.

7.The requirements outlined in 6.07.1010 (B) do not
apply to the keeping of any of the above-identified fowl, animals or livestock
at the Missoula County Fairgrounds, so long as the activity is authorized and
supervised by Missoula County or its agents.

B.Special requirements for geese, ducks, or
other domestic fowl or birds (excluding birds purchased at a pet store and kept
in the residence as house pets) on parcels one acre or larger in size.

The size requirements for the enclosure
outlined in 6.07.1010
(A) (4) do not apply.An enclosure may smaller than one half
acre in size while the parcel must be one acre or larger.

The total number of geese, plus ducks,
plus other domestic fowl may not exceed six.

The owner, keeper or custodian shall provide
a covered, predator-proof coop or other structure for the animals that is

i.thoroughly ventilated

ii.of sufficient size to admit free movement of
the animals

iii.designed to be easily accessed, cleaned and
maintained

The animals shall be shut into the coop
or other structure from sunset to sunrise each day.

Structures used to house the animals
shall be set back at least twenty feet from a structure used for human
habitation

Structures used to house the animals
shall be set back at least fifty feet from any real property line.

C.Special requirements for rabbits:

1.A rabbit or rabbits may be kept in cages or
other structures in an area that is within or adjacent to a rabbit owner's
personal residence as long as the rabbit cages or structures are not within
thirty feet of another structure or dwelling unit used for human habitation
that is not owned by the rabbit owner or within twenty feet of any common real
property line between private property owners.

2.There shall be no common property line
restriction if the adjacent property on the other side of a common property
line is public-owned land.

3.It is unlawful for the owner, keeper or
custodian of rabbits to possess at the same premises at the same time more than
five rabbits that are more than six weeks old, unless the real property is
one-quarter acre or larger in size.

4.The size requirements for the enclosure
outlined in 6.07.1010
(A) (1) do not apply.An enclosure may smaller than one half acre in size

D.Special regulations for urban chickens, ducks
and Colinus Virginianus quail on a parcel of land that is less than one acre in
size.

A total
of up to six (6) female chickens and/or ducks or ten (10) female quail
(“allowed fowl”) are allowed, provided the owners comply with the following
requirements:

1.Muscovy ducks (Cairina Moschata) are
prohibited.

2.The “allowed fowl” may be kept on:

a.a single-family parcel(s); or

b.multi-dwelling parcel(s,) if all residents and
the property owner(s) consent in writing before the fowl are acquired.The “allowed fowl” owner must keep a copy of
the signed approval document and present it for inspection if requested by
Animal Control personnel.

3.The owner must obtain a permit at a cost of
$30.00 renewable every three years from City/County Animal Control or City
Finance..

b.designed to be easily accessed, cleaned and
maintained by the owners;

c.sufficient in size to permit free movement of
the “allowed fowl”, (at least 2 square feet per bird in size.) The size
requirements for the enclosure outlined in 6.07.1010
(A) (4) do not apply.An
enclosure may smaller than one half acre in size

d.located at least 20 feet from any residential
structure occupied by someone other than the owner, custodian, or keeper.

5.The “allowed fowl” shall be shut into the coop
at night, from sunset to sunrise.

6.During daylight hours the “allowed fowl” must
have access to the coop and, weather permitting, shall have access to an
outdoor enclosure on the permitted property, adequately fenced to contain the
“allowed fowl” and to prevent access by dogs and other predators.

7.Stored feed must be kept in a rodent- and
predator-proof container.

8.It is unlawful for the owner, custodian, or
keeper of any “allowed fowl” to allow the animal(s) to be a nuisance to any
neighbors, including but not limited to: noxious odors from the animals or
their coop/enclosure; and noise of a loud and persistent and habitual
nature.Animal Control will determine
whether or not a nuisance exists on a case-by-case basis.

(Ord. 3585, 2016; Ord. 3472, 2011)

6.07.1020Notice of Violation and Order To Take
Corrective Action and Citations

A.When Animal Control determines that a
violation of the code has occurred, Animal Control may issue written notice to
the owner, custodian or keeper, either personally or by certified mail.Such notice shall specify the provision or
provisions of this part alleged to have been violated along with a short and
plain statement of the facts that constitute the violation.The notice shall include an “order to take
corrective action” requiring compliance within a reasonable time as stated in
the order.

B.If the owner, custodian, or keeper has failed
to comply with the ordinance, Animal Control may issue a citation to the owner,
custodian or keeper for failure to comply with any applicable requirement of
this section.

(Ord. 3472, 2011)

6.07.1030 Penalty--Fines.An
owner, custodian, or keeper of an animal who is found guilty of any provision
of this part shall be guilty of a misdemeanor and shall be subject to the
penalties provided for in Section 6.07.030 (C).

Failure to comply with a properly issued Notice of Violation and Order
to Take Corrective Action shall be counted as a separate offense from a
citation issued after the compliance date described in the order.

6.07.1200Purpose. Citizens of Missoula value wildlife and want
to maintain healthy and wild populations of deer, bear, and other wildlife that
are not dependent upon or hazardous to humans. Feeding deer, bear, and other
wildlife results in artificially high concentrations of animals, increases
human-wildlife conflicts, and compromises the health and safety of humans and
wildlife. (Ord. 3472, 2011)

6.07.1210Definitions.As
used in this part unless the context otherwise indicates, the following terms
shall have the meaning ascribed to each:

B.“Animal Control Officer” means a person or
persons as defined in 6.07.020 (B).

C.“Attractant(s)” means any substance, including
but not limited to, food, garbage, or salt lick, which draws wildlife to a
particular location.

D.“Feed” means a substance composed of grain,
mineral, salt, fruit, vegetable, hay, or any other food material or combination
of these materials, whether natural or manufactured, that may attract wildlife.

E.“Feeding” means the depositing, distributing,
or tending of feed in an area frequented by wildlife.

A.It is legal to feed birds, other than
waterfowl and upland game birds, utilizing a bird feeder that can be accessed
only by birds. Birdfeeders that are accessed by other animals other than birds
or squirrels are in violation.

B.This ordinance is not intended to prohibit
feeding livestock in normal agricultural operations.

A.Upon receipt of a complaint by one or more
persons alleging the illegal feeding of wildlife, an animal control officer may
investigate the complaint to determine if there has been a violation of this
ordinance.

A.The animal control officer shall order the
responsible party or parties providing feed and attractants to wildlife to stop
the procedure immediately. A Notice of Violation (NOV) will be issued for a
first offense.

6.07.1500Purpose.The purpose of this regulation is to protect
the public health, safety and welfare of the people and animals of Missoula
County and to control and prevent the spread of rabies. (Ord. 3547, 2015)

6.07.1510Authority.Sections 50-2-116(1)(f) and (g), MCA, require
local boards of health to identify, assess, prevent and ameliorate conditions
of public health importance and to protect the public from the introduction of
and spread of communicable disease.Section 50-2-115(2), MCA, authorizes local boards of health to adopt
regulations that do not conflict with regulations adopted by the Department of
Public Health and Human Services for the control of communicable disease.Rabies or rabies exposure is identified as a
reportable communicable disease pursuant to ARM 37.11.203.(Ord. 3547, 2015)

6.07.1520Incorporation by Reference.In adopting this regulation, the Board finds that the rabies prevention
and management recommendations set forth in the National Association of State
Public Health Veterinarians, Inc., “2011 Compendium of Animal Rabies Prevention
and Control” and in an official report of the American Public Health
Association entitled “Control of Communicable Diseases Manual” provide an
accepted scientific basis for regulations to prevent the spread of rabies.Therefore, the Board adopts and incorporates
by reference the following publications, except where otherwise provided
herein:

A.“2011 Compendium of Animal Rabies Prevention and Control,” authored by
the National Association of State Public Health Veterinarians.A copy of the Compendium can be found on the
Environmental Health Department website.

B.The “Control of Communicable Diseases Manual, An Official Report of the
American Public Health Association” (19th edition, 2008) which lists and
specifies control measures for rabies.A
copy of this document may be obtained from the American Public Health
Association, 800 I Street NW, Washington, DC, 20001. (Ord. 3547, 2015)

Animal Shelter—A public facility that is
maintained by a government entity or a private facility providing contractual
services to a government entity for the purpose of impounding or harboring
animals.

Animal Welfare Organization --- A
facility used to house or contain dogs, cats or other domestic animals and
owned, operated or maintained by an incorporated humane society or animal
welfare society for the prevention of cruelty to animals or other recognized
501(c)(3) non-profit organization devoted to the welfare, protection and humane
treatment of such animals.

Bite—Wound made by biting where the skin
has been penetrated by an animal’s teeth.

Local Health Officer—The local health
officer appointed by the Missoula City-County Board of Health in accordance
with §50-2-116(1)(a), MCA, or his or her designee.

Isolation—Confinement of an animal
exposed or potentially exposed to rabies.

Owner—A person having the right of
property or custody of an animal or who keeps or harbors an animal or knowingly
permits an animal to remain on or about any premises occupied by that person.
This term shall not apply to veterinarians or kennel operators who have
temporary custody, for a period of less than 60 days, of animals owned by
others.

Quarantine—The strict confinement of an
animal in a manner that precludes any direct contact with other animals or
persons other than the owner or caretaker.

Rabies Immunization—The inoculation of
an animal with an anti-rabies vaccine administered by a licensed veterinarian
or an employee of a licensed veterinarian under the supervision of the
employing veterinarian as required by §37-18-104, MCA, in compliance with the
standards of the “Compendium of Animal Rabies Prevention and Control.”

Vaccinate and Revaccinate— “Vaccinate”
has the same meaning as “Rabies Immunization.”

Vaccine—An anti-rabies vaccine in
compliance with the standards set forth in the Compendium of Animal Rabies
Prevention and Control.

State Veterinarian—A veterinarian employed
by the Montana Department of Livestock, Animal Health Division.

A.The
Local Health Officer or his or her designees or other such persons as may be
authorized by the Board of Health are responsible for enforcing this regulation
and are hereby vested with the power and authority to enforce it.

B.As
provided in §7-32-2121, MCA, the Sheriff shall perform the duties of a humane
officer within Missoula County with reference to the protection of animals.

C.As
provided in §50-2-120, MCA, the Local Health Officer may request a sheriff or
other peace officer to assist the Local Health Officer in carrying out the
provisions of this regulation.

D.As
provided in §50-2-122, MCA, it is unlawful to hinder a Local Health Officer in
the performance of duties or to violate a quarantine regulation.

E.Persons
designated to enforce this regulation shall bear identification issued by the
Local Health Officer and shall present such identification to any person
requesting it.

F.In
carrying out the duties under this regulation,Animal Control Officers shall:

a.Keep
and maintain adequate records of all animals impounded and of all actions taken
in the course of their duties;

b.Seize
and impound any animal as described as provided in Section 10 of this
regulation.

c.Where
this regulation requires euthanization of an animal, it shall be accomplished
in a humane manner;

d.Document
investigations conducted pursuant to this regulation and appear and testify in
any administrative or judicial proceedings related to the investigation.

G.Every
owner or occupant of property shall give a Local Health Officer or authorized
representative access to property at reasonable times upon request for the
purpose of making such inspections as are necessary to determine compliance
with this regulation.

a.Missoula
County, the Owner of every dog, cat, or ferret 3 months of age or older shall
have the animal vaccinated before the animal is 4 months old and thereafter in
accordance with the Compendium.An
animal receiving its initial vaccination is not considered effectively
vaccinated for 28 days.

b.Unvaccinated
dogs, cats, or ferrets more than 3 months of age that are acquired or moved
into Missoula County must be vaccinated within 30 days of purchase or arrival
unless there is documented evidence of current vaccination.

c.The
Owner is responsible for assuring that his or her dog, cat, or ferret wears a
collar or harness with identification and a durable tag indicating a current
rabies vaccination and the valid year(s) of the vaccination securely
attached.Dogs will be deemed to be in
compliance with this requirement if they are wearing a current license tag
issued by the Department.

B.Revaccination:The Owner of every dog, cat, or ferret shall
have the animal revaccinated prior to the end of the12th month after initial
vaccination. Thereafter, the interval between revaccinations should conform to
the recommendations contained in the Compendium except that for dogs, only
those vaccines that are approved for a tri-annual booster shall be given.

C.Vaccination
Exemption: If, after an animal receives one initial and one booster rabies
vaccination, a licensed veterinarian determines that an additional vaccination
would endanger the animal’s life due to disease or other medical
considerations, the animal may be exempted from the requirement for
revaccination while the condition exists. The licensed veterinarian must
complete and submit to the Department an Exemption From Rabies Vaccination
document on a form approved by the Department.After receipt of such form, the Department shall issue a Rabies
Vaccination Exemption Certificate, copies of which shall be provided to the
veterinarian and the Owner of the exempted animal.If an exempted animal bites another animal or
person and the Department seeks to determine the immune status of the biting
exempted animal, immune status testing must be provided at the expense of the
Owner. If an exempted animal bites it must be revaccinated after the quarantine
period is over.

D.The
safety and efficacy of rabies vaccination for wildlife and hybrids have not
been established and no rabies vaccinations are licensed for these
animals.Hybrids and wildlife animals
will be treated as unvaccinated animals.

A.It
is unlawful for any person to sell, adopt out, or give away any dog, cat,
ferret over 3 months of age unless, such animal has been vaccinated against
rabies by a licensed veterinarian.

B.Licensed
veterinarian clinics, the Animal Control Shelter,Animal Shelters andAnimal Welfare Organizations incorporated and
operated under section 501(c)(3) of the Internal Revenue Code are not required
to vaccinate an animal in their care, but may not sell, adopt out or give away
an unvaccinated animal.As an
alternative to vaccination at the time of sale, adoption or gift of the animal,
licensed veterinarian clinics, the Animal Control Shelter, Animal Shelters
andAnimal Welfare Organizations may
sell a rabies certificate to the person acquiring the unvaccinated animal for
presentation to a licensed veterinarian.The licensed veterinarian may redeem the rabies certificate for costs of
administration of the vaccination from the shelter issuing the
certificate.The issuer of the rabies
certificate must verify that the animal has been vaccinated within 30 days of
sale, adoption or gift, and promptly notify Animal Control if the vaccination
has not been verified.

(Ord. 3547, 2015)

6.07.1560Rabies Vaccination of Transient or Show Dogs, Cats, or Ferrets.Owners of dogs, cats, or ferrets who are temporarily visiting Missoula
County with their dogs, cats, or ferrets or who are exhibiting a dog, cat, or
ferret in competition must carry with them and be prepared, upon demand of a
legal authority, to present a current certificate of rabies vaccination for
each dog, cat, or ferret.(Ord. 3547,
2015)

A.It
shall be the duty of every law enforcement officer working in Missoula County,
9-1-1 personnel, and all healthcare providers serving the citizens of Missoula
County to ensure that the Department is notified when animal bite victims are
treated or when animal bite incidents are reported.

B.Any
person having knowledge of any animal or person having been bitten by a dog,
cat, ferret or other animal potentially exposed to rabies shall report the facts
immediately to the Department.

C.Any
person having knowledge of an animal known to have or suspected of having
rabies shall report the facts immediately to the Department and the State
Veterinarian.

D.Any
person having knowledge, ownership, or control of an animal that has bitten or
is suspected of biting a person or other animal shall report the facts and
disclose any required or relevant information concerning the bite event or
concerning the animal to the Department.

A.The
Local Health Officer must apply control measures outlined in the Control of
Communicable Diseases Manual for confirmed or suspected exposures to a human by
a species susceptible to rabies infection.

B.The
local health officer must investigate each report of possible rabies exposure
and gather, at a minimum, information about the circumstances of the possible
rabies exposure; nature of the exposure; name, age, and address of the exposed
individual; vaccination status of the animal in question; treatment of the
exposed person; and eventual outcome for both animal and person involved.

C.As
soon as possible after investigating a report of possible rabies exposure, the
local health officer must inform the exposed person or the individual
responsible for the exposed person if that person is a minor whether or not
treatment is recommended to prevent rabies and provide a referral to a health
care provider.

D.Whenever
the circumstances involve a dog, cat, or ferret, the local health officer must
either:

a.Authorize
impoundment of the animal for observation for signs of illness during a ten-day
quarantine period at an Animal Shelter, veterinary facility, or other adequate
facility approved by the Department, and ensure that any illness in the animal
during the confinement or before release is evaluated by a veterinarian for
signs suggestive of rabies; or

b.If
the symptoms observed are consistent with rabies, order the animal euthanized
and the head sent to the Department of Livestock's diagnostic laboratory at
Bozeman for rabies analysis. The local health officer may also order an animal
euthanized subsequent to isolation, and the brain analyzed.

E.After
the quarantine period is over, the animal must be vaccinated prior to release.

F.If
a biting animal dies during the quarantine period for any reason whatsoever,
the Animal Control Officer shall have the head of the animal sent to a
diagnostics laboratory for rabies testing.

G.If
a biting animal has a current rabies vaccination, the Local Health Officer may
permit the Owner to confine the animal at home in strict Quarantine for 10
days, subject to a determination by the Local Health Officer that that the
Owner is cooperative, responsible, has the facilities to confine the animal in
Quarantine isolation and will permit observation of the confined animal by the
Department upon request.Permission for
home confinement may be revoked by the Local Health Officer at any time during
the confinement period.

H.Any
dog, cat or ferret who has salivary contact with or is bitten or scratched by a
bat or other wild mammal known to be a potential rabies virus carrier, will be
regarded as having been exposed to rabies unless determined otherwise by
diagnostic testing of the biting animal.

a.If
exposed to a rabid animal, unvaccinated dogs, cats or ferrets must be
immediately destroyed.If the Owner is
unwilling to have such animal destroyed, the unvaccinated animal must be placed
in strict quarantine for six (6) months, at the Owner’s expense, in a secure place
designated by the Local Health Officer and vaccinated before release.

b.If
exposed to a rabid animal, a vaccinated dog, cat or ferret shall be immediately
revaccinated, leashed and/or confined to the Owner’s property for ninety (90)
days.The unvaccinated animal shall be
ordered to be euthanized by the Local Health Officer if the Owner does not
comply with the provisions of this section.

A.Animals
which are subject to impoundment under this regulation include but are not
limited to:

a.Any
animal kept or maintained contrary to the provisions of the Missoula County
Animal Ordinance;

b.Any
dog running at large without a collar and tag;

c.A
sick animal;

d.An
abandoned or stray animal;

e.An
animal subject to a bite investigation;

f.An
animal to be held for quarantine or isolation;

g.An
animal subject to home confinement as provided in 6(C).

h.Wild
animals as provided in 12.

B.It
is unlawful for any person to refuse or neglect to surrender any animal subject
to impoundment.At the direction of the
Local Health Officer, any Animal Control Officer shall seize and impound such
animal at the Owner’s expense.

C.All
animals impounded under this regulation shall be quarantined under the
supervision of a licensed veterinarian or Animal Control staff at the Animal
Control Shelter for the period required.The cost of impoundment shall be the responsibility of the Owner.

D.Animals
impounded under this regulation shall be released to the Owner at the end of
the quarantine period, as determined by the Local Health Officer.The Owner shall be required to pay any
impoundment costs, including veterinarian evaluation or treatment and
vaccination, prior to release of the animal.If an impounded animal is not claimed by its Owner and fees and costs paid,
within 96 hours of the end of the quarantine or investigation period, the Owner
forfeits all right, title and interest thereto to Missoula County and the
animal is subject to adoption in accordance with Missoula City-County Animal
Control Ordinance.

A.If
a wild animal, whether unlawfully or lawfully in the possession of a person,
has bitten or otherwise exposed a person to the possibility of contracting
rabies, the animal may be impounded by the Local Health Officer and either
quarantined or destroyed and the animal's brain may be tested for rabies.

B.A
lawfully possessed wild animal that is quarantined and found not to be rabid
must be returned to its Owner.

6.07.1600Citation and recordkeeping--Animal
impoundment.A citation may be issued to the owner of an
animal for failure to comply with this chapter.If the owner, custodian, or keeper cannot be determined or found, the
animal may be impounded and taken to the city/county animal control
shelter.Animals will be housed in
separate kennels, if possible, to prevent injury and the spread of disease.

The shelter staff shall keep a complete register of every dog or other
animal impounded, showing the time and place of capture, breed, color, sex,
distinguishing marks, and, if licensed or otherwise identified, the information
on the license or identification tag.The shelter staff also keep records of when the animal was redeemed or
adopted, any expenses incurred by the shelter that are associated with
providing care, sustenance and shelter for the animal and receipts showing any
monies collected.

A.When an animal is
seized or impounded by a law enforcement officer or by an animal control
officer upon an alleged violation of this Title or a violation of Sections
45-8-210, 45-8-211, or 45-8-217, the prosecutor may file a petition for an
animal welfare hearing in Municipal Court.

B.The Petition must
contain:

1.authority
and purpose of the seizure, including the time, place and circumstances of the
seizure and the purported facts regarding any animal neglect or cruelty;

2.a
description of the animal, including its current condition and any facts
demonstrating the animal’s extreme disease, injury, neglect or suffering;

3.the
name and address of the respondent. If the name and address of the respondent
are not available to the prosecutor after reasonable investigation, the
petition must contain the address of the premises where the animal was seized;
and

4.the
evaluation of a licensed veterinarian if an evaluation by a veterinarian was
provided.

C.The
prosecutor shall serve a true and correct copy of the petition upon the
respondent. If the name and address of the respondent are not available after
reasonable investigation, the petition must be conspicuously posted by a law
enforce or animal control officer.

D.The
Court shall set the matter for hearing not more than 21 days after the petition
was filed with the clerk of court. The Court shall provide both parties of the
hearing date no less than 5 days before the hearing. if the name and address of
the respondent are not available after reasonable investigation, the notice of
hearing shall be posted by a law enforcement or animal control officer.

E.At
the Hearing, the court shall consider the extent of the animals’ disease,
injury, neglect or suffering, and shall no more than 5 days after the hearing,
determine whether the animal will be:

1.released
to respondent;

2.held
and cared for by the county or by the City/County animal shelter pending
disposition of the criminal proceeding initiated for an alleged violation of
this Title or of Sections 45-8-210, 45-8- 211, or 45-8-217;

3.surrendered
to the City/County animal shelter due to abuse or neglect, or where the owner is unable or unwilling to provide
for the necessary care of the animal; or

4.euthanized.

F.In
making a decision regarding release of an animal to respondent, the Court shall
consider the following:

1.When
determining whether the animal should be released to the respondent, the court
shall consider all of the circumstances that result in the animal’s seizure,
the propriety of releasing the animal to the respondent given the facts
regarding abuse or neglect, and whether the respondent is able and willing to
provide necessary care for the animal.

2.Before
an animal may be released to the respondent, the respondent shall pay the
reasonable costs of caring for the animal during the period of seizure.

G.When
determining whether the animal will be euthanized, the court shall consider the
likelihood of viable treatment for the animal.

H.In
making a decision regarding the surrender or holding of the animal, the Court
shall consider the following:

1.If
the Court finds by a preponderance of the evidence submitted, that the
respondent is not able or not willing to provide necessary care for the animal
or determines that the animal was subject to neglect, cruelty or forced
fighting, the court may not release the animal to the respondent.The Court may either order the immediate
surrender of the animal to City/County animal shelter so that the animal may be
put up for adoption or order the City/County animal shelter to hold the animal
pending resolution of any criminal case related to the animal’s care or
treatment.In the event the Court orders
the animal be held pending resolution of any criminal case, the Court shall set
a renewable bond in an amount sufficient to cover the reasonable expenses
expected to be incurred in caring for the animal for a period of 30 days,
subject to the provisions of subsection J.

2.In
setting the amount of bond to be posted, the court shall consider all of the
facts and circumstances of the seizure, including the need to care for the
animal pending disposition of the criminal proceeding, the recommendations for
the animal’s current caretaker, and the estimated costs of caring for the animal.

3.For
the purposes of this section, “reasonable expenses” means the cost of providing
care, including but not limited to food, water, shelter and veterinary care or
necessary medical care, to an animal.

I.Upon
an order of the court that bond be posted, the amount of funds necessary for 30
day of the animals’ care must be posted with the court. Unless the amount is
adjusted pursuant to a hearing held as provided in subsection (J) the court
shall order the respondent to deposit the same amount every 30 days until final
disposition of the criminal proceedings.

J.The
respondent may request a hearing no fewer than 5 days before the expiration of
the 30-day period, and the Court may, upon motion by a respondent, adjust the
amount of reasonable expenses to be provided by the respondent.

K.if
the required funds are not deposited within 5 days of the issuance of the order
setting the amount as provided in subsection H or 5 days after the expiration
of the 30-day period, the ownership of the animal is forfeited to the Missoula
City County Health Department Animal Control;

L.once
a security deposit or bond has been posted in accordance with this section, the
entity caring for the animal my draw from the security deposit or bond the
actual costs incurred in caring for the animal from the date of the seizure to
the date of the final disposition of the criminal proceeding;

M.Upon
final disposition of the criminal proceeding, any remaining funds deposited
with the Court must be returned to the depositor. If the disposition of the
criminal proceeding is acquittal on all animal welfare counts, the full amount
of the fund deposited shall be returned to the depositor

N.Notwithstanding
any other provision of this section, an animal seized from a person for an
alleged violation of this Title or Sections 45-8-210, 45-8-211, or 45-8-217 may
immediately be euthanized if, in the written determination of a licensed
veterinarian, the animal is:

1.experiencing
substantial pain or suffering; or

2.substantially
injured or diseased and not likely to recover.

O.Any
testimony of the respondent in a hearing held as provided for in this section
may not be used against the respondent in the criminal proceedings. (Ord. 3645, 2019; Ord. 3547, 2015)

A.When
an animal is placed in a shelter operated by a county pending resolution of a
civil proceeding, the court shall order imposition of a bond or security
against on e or more parties to the suit to reimburse the county for reasonable
expenses incurred in caring for the animal from the time that it was placed in
the shelter until the animal is returned to its owner or removed from the
county shelter.

B.For
purposes of this section,, “reasonable expenses” means the cost of providing
care, including but not limited to food, water, shelter, and veterinary care or
necessary medical care, to an animal.

A.If
any dog or other animal is impounded, the owner or temporary owner/custodian
shall redeem the same within ninety-six hours excluding Sundays and holidays,
or it shall be subject to disposal by an animal control officer as provided in
this section.If such impounded animal
has a license or other form of identification, the animal control shelter will
attempt by at least three phone calls to contact the owner.If the dog carries a designation as a service
animal together with a phone number or address of the owner, an animal control
officer will make an attempt to immediately return the animal.The owner of any impounded animal may redeem
it within such period of time by paying the assessed fee in full.Fees are set by resolution of the Missoula
City Council,. full.

B.Any
unlicensed impounded animal may be redeemed only by the owner after he or she
has purchased a license in addition to paying the other fees relating to
impoundment as prescribed in this section.The animal control officer may issue citations to the person redeeming
an impounded animal for violation of any provision of this title.The animal control shelter staff may issue
“no license” citations when an animal is being reclaimed.

C.The
owner of an impounded animal shall be held responsible for the payment of any
fees charged or fines imposed as a result of the impoundment, whether or not
the owner reclaims the animal.

D.If
an impounded animal is not redeemed by the owner within the prescribed time
limit, the owner thereof forfeits all right, title, and interest therein, and
the animal control staff shall offer the animal for adoption to the
public.Public adoptions shall be held
six days per week, Monday through Saturday during the normal shelter
hours.The cost of adopting an animal
shall be no less than, twenty-five dollars, plus a rabies inoculation fee of no
less than ten dollars if the dog, cat or ferret does not have a current rabies
vaccination, plus a spay/neuter certificate fee as required by M.C.A. 7-23-4202
of no less than twenty dollars for cats and ferrets and no less than forty
dollars for dogs.All dogs, cats or ferrets
adopted from the animal shelter must be spayed or neutered within thirty days
of the adoption, or when they reach the proper age, or the department will
reclaim the animal.After paying all
necessary fees, signing the adoption contract, and procuring a license for the
animal, the purchaser shall receive a certificate of adoption which confers
title and ownership to that animal free of all claims and interest of the
previous owner.

a.Animal
control reserves the right to refuse adoption of any animal to any person or
person(s).

E.If
an animal is not returned to its owner or adopted from the shelter it will be
euthanized in a humane manner by an animal control officer or a licensed
veterinarian.No animal known to be
suffering from an infectious disease will be released unless the city/county
health officer shall so order.

F.If
an owner of an impounded animal comes forward but refuses to reclaim his/her
animal, the owner shall be required to pay asurrender fee in an amount set by resolution of the Missoula City
Council)) and sign a release agreement so the animal can be offered for
adoption or euthanized prior to the prescribed time limit.This fee may be waived by animal control if
they determine it is in the best interest of the animal.

A.Keep
and maintain adequate records of all animals impounded and of all actions taken
in the course of his or her duties; and

B.Carry
out and enforce the licensing and control of all animals in the city as
provided in this title; and

C.Seize
and impound animals in accordance with the provisions of this title and
maintain the same in a suitable and humane manner at the city/county animal
shelter; and

D.Where
this title requires that an animal be put to death, the officer shall
accomplish this in a humane manner.An
officer may provide for the immediate humane euthanasia of any animal that a
licensed veterinarian has deemed to be suffering and has determined that it
would be inhumane to prolong its life; and

E.Be
empowered to pursue upon private property any animal violating any provision of
this title in his or her presence or when acting under a court order, warrant
or affidavit of a vicious or dangerous animal or when attempting to seize any
animal suspected of having been exposed to rabies; and

F.File
complaints in municipal court for violations of this chapter and shall attend
and testify in court when required; and

G.The
Animal Control Supervisor shall obtain and issue metallic badges for himself or
herself and all animal control officers.Such badges shall be exhibited as proof of authority, upon demand of any
person,

H.Establish
and maintain regular hours during which the animal shelter shall be open and
shall post the hours in a conspicuous place at the animal shelter;

I.Have
authority to make out and issue citations for violations of this chapter; and

J.Issue
administrative orders where appropriate for the enforcement of this chapter;
and

K.Have
authority to require the owner of a dog that is off leash in a voice restraint
area to demonstrate full compliance with behaviors described in the definition
of voice restraint.

L.As
a condition of the issuance of a license, any animal control officer or police
officer is authorized to inspect animals, at any reasonable time, and if
permission for an inspection is refused, the animal's license shall be revoked.

M.Have
the authority to take animals in for safekeeping and require the owner,
custodian or guardian of the animal pay a fee for such safe keeping.Fee is to be determined by Missoula City
Council by separate resolution.

(Ord. 3547, 2015; Ord. 3472, 2011)

6.07.1810Animal Control Officer --Investigation power.For the
purpose of discharging the duties imposed by this title and enforcing its
provisions, the animal control officer or any police officer is empowered to
demand that the occupants of any premises upon or in which a dog or other
animal is kept or harbored allow the officer to examine an animal to determine
if it is being neglected or kept in a cruel or inhumane manner and/or to
examine any license or permits referred to in this title.The animal control officer may make such
demand at premises where any animal is kept in a reportedly cruel or inhumane
manner and examine the animal and take possession of the same, when in his/her
opinion, it requires humane treatment.If access is denied, the animal control officer may apply to municipal
court for a search warrant to enter the premises. (Ord. 3472, 2011)

6.07.1820Animal control officer--Interference unlawful. It is
unlawful for any person to hinder, detain, or interfere with or flee from an
animal control officer in the performance of any duty or power imposed on him
by this title, or to release, or attempt to release, any animal in the custody
of the animal control officer, except as provided in this title.(Ord.
3472, 2011)

6.07.1830Animal Control Board.An
animal control board is established to review animal control program policies
to ensure consistency with all pertinent city ordinances, to approve or deny
requests for multiple dog permits, and to perform other duties as described in
the inter-local agreement between the city and the county on cooperative animal
control.The board shall consist of five
voting members with appointments and terms as set forth in the animal control
inter-local agreement. (Ord. 3472,
2011)

6.08.410Definitions.
Whenever any word defined in this section and used in this article, that word
shall have the definitional meaning set
forth as follows:

A."Animals" means any species of a
nonhuman animate being which is endowed with the power of voluntary motion that
is sold, exchanged or retained for the purpose of being kept or domesticated as
a household pet/companion animal.The
term animals" includes, but is not limited to: dogs, cats, monkeys and
other primates, birds, rabbits, ferrets, guinea pigs, hamsters, rats, mice,
reptiles, amphibians, fish and other vertebrate animals.

B."Animal control officer" means all
peace officers as that term is defined in state law, as well as all duly
appointed animal control officers and animal control supervisors appointed by
either the city or county to carry out and enforce each entity's respective
animal control ordinances.

C."Compatible" means animals that are
capable of existing together in harmony.

D."Humane disposition" means the
humane destruction of an animal by a person that has been properly trained
and/or certified by a doctor of veterinary medicine in appropriate methods of
euthanasia for each species to be destroyed, and is accomplished by a method
that is consistent with American Veterinary Medical Association recommendations
in producing instantaneous, unconsciousness and immediate death without visible
evidence of pain or distress, or a method that utilizes an anesthesia produced
by an agent which causes painless loss of consciousness, and death following
such loss of consciousness.

E."NIH" means National Institute of
Health.

F."Pet shop" means any business, firm
or corporation who keeps, handles, breeds, sells, offers for sale or exchanges
pet animals for the purpose of wholesale or retail sale.

G."Postural movements" means to be
able to turn about freely, and to easily stand, stretch, sit and lie in a
comfortable normal position.

H."Puppies and kittens," for the
purpose of this article, means animal dog or cat that is less than six months
old.

I."Quarantine," for the purpose of
this article, means contained in strict isolation in a room separate from other
healthy animals on account of suspicion by the store's owner, manager or
veterinarian of contagion of communicable disease. Isolation shall be required
so that contact between the confined animal and other animals or members of the
public is restricted and so that it can be under observation by the store
owner, manager or another qualified person.

J."USDA" means United States
Department of Agriculture.

K."Vicious," as used in this article,
means behavior in which an animal bites or attempts to bite any human being
without provocation or which harasses or aggressively chases, bites or attempts
to bite any other animal without provocation.

(Ord. 3226, 2003; Ord. 2830 §1, 1992;
Ord. 2636 §1, 1988).

6.08.420Housing
standards for animals kept at pet shops. The
following housing standards are established for the keeping of animals at pet
shops. It is unlawful for any owner or manager of a pet shop to house animals
in conditions that do not comply with the provisions of this section.

A.Space.
Enclosures shall be constructed to provide sufficient space to allow each pet
animal to exercise normal postural movements. Adequate space shall be provided
to prevent crowding and to allow freedom of postural move­ment and comfort to
all animals. An enclosure is overcrowded unless its area is at least the square
of the fol­lowing sum for each animal confined therein; the sum of the length
of the animal in inches (tip of nose to base of tail) plus six inches with the
following exceptions:

Animal

Size
of animal

Minimum Floor Space Per Animal (in square inches)

Guinea
pig

Weaning to 350 g

60

350 g or more

101

Breeders

180

Hamsters/gerbils

Less than 60 g

10

60 to 80 g

13

80 to 100 g

16

greater than 100 g

19

Rabbits

Groups

Less than 2 kg

144

2 to 4 kg

288

greater than 4 kg

432

Individual

Less than 2 kg

216

2 to 4 kg

432

4 to 5.4 kg

576

greater than 5.4 kg

1080

Nursing females

Less than 2 kg

576

2 to 4 kg

720

4 to 5.4 kg

864

greater than 5.4 kg

1080

Ferrets

weaning to 350 g

60

350 g to 1.4 kg

101

greater than 1.4 kg

216

Mice

Less than 10 g

6

10 to 15 g

8

15 to 25 g

12

greater than 25 g

15

Rats

Less than 100 g

17

100 to 200 g

23

200 to 300 g

29

300 to 400 g

40

400 to 500 g

60

greater than 500 g

70

Birds.All
enclosures used for holding birds shall be of metal or nonabsorbent
construction, readily cleanable, and elevated at a distance of not less than
twelve inches from the floor, except that full flight cages may be less than
twelve inches from the floor, if the enclosure is located so it is not subject
to drafts or sudden changes in ambient temperature. Each enclosure shall
contain adequate numbers of perches for every bird confined therein, except
that perches will not be required in cages housing species of ground‑dwelling
birds, or other species where the use of perches would be detrimental to the bird's
well‑being.

Any animal not specified in this article, but
that is listed in either the National Institute of Health (NIH) or United
States Department of Agriculture (USDA) standards shall be housed in an
enclosure with space requirements that equal or exceed the NIH or USDA
standards. The minimum space requirements required by this article shall be
that the minimum space will meet or exceed the above‑mentioned minimum
standard of either NIH or USDA that allows for the largest space allotment per
animal.

All enclosures shall be of sufficient height
to permit every animal confined therein to stand and stretch normally to its
full height and to turn.

Reptiles, amphibians and fish are excluded
from this provision.

B.Enclosures shall be structurally sound and
maintained in good repair to protect the animals from injury, to contain them
and to keep predators out. Enclosures shall provide the animals contained
within them adequate ventilation to avoid any discomfort associated with lack
of proper air circulation. They shall be constructed of a nonabsorbent,
nonporous material and, with the exception of enclosures housing fish and other
animals that require being kept in water, maintained to enable the animals to
remain dry and clean, and to provide convenient access to clean food and water.

Enclosures
shall be constructed of materials that do not have a toxic or deleterious
effect on the animals that are kept in them. Enclosures having woven or wire
mesh floors may be used to confine or display animals; provided, that they are
constructed in a manner that protects the animal's feet and legs from injury,
and do not allow the animal's feet to pass through any openings in the floor.
If the floor of the primary enclosure is constructed of woven or wire mesh, a solid
nonporous resting surface or surfaces that, in the aggregate, are large enough
to hold all the occupants of the primary enclosure at the same time comfortably
must be provided.

C.All
animals housed in the same enclosure shall be maintained in a manner so that
each animal is compatible with the other animals, with the following additional
restrictions:

1.Females
in season (estrus) shall not be housed in the same enclosure with males, except
for intentional breeding purposes.

3.Puppies or kittens shall not be housed
in the same enclosure with adult dogs or cats other than their dams.

4.Dogs shall not be housed in the same
enclosure with cats, nor shall dogs or cats be housed in the same en­closure
with any other species of animals.

5.Animals and birds shall be housed in
such a manner as to minimize the transference of the animal or bird's feces, or
other deleterious material into the cage or housing unit of another animal or
bird. The intent of such a housing configuration is to help minimize the spread
of contagious disease.

6.Except where rodent harem breeding is
prac­ticed, preweaning animals shall not be housed in the same enclosure with
adults other than their parents.

7.Guinea pigs shall not be housed in the
same enclosure with hamsters, nor shall guinea pigs or hamsters be housed in
the same enclosure with any other species of animals.

8.The breeding of dogs and cats will not
be al­lowed on pet shop premises unless such breeding is done in an area in
which the public does not have access and is not within the public's view.

D.Accessories
such as toys, aquarium gravel, etc., that have a toxic or deleterious effect on
animals shall not be used in any enclosure intended for housing animals.

E.Ventilation.
Indoor housing facilities shall be adequately ventilated by natural or
mechanical means to provide for the health and to prevent discomfort of the
animals at all times. Such facilities shall be provided with fresh air either
by means of windows, doors, vents, fans or air conditioning, and shall be
ventilated so as to minimize drafts, odors and moisture condensation.

F.Temperature.
Housing for pet animals shall be sufficiently heated or cooled, when necessary,
to protect pet animals from cold or overheating, and to provide for their
health and comfort. Species that have special tem­perature requirements shall
have those requirements met. The maximum ambient temperature for animals shall
be at eighty‑five degrees Fahrenheit. Temperature of rooms where birds
are housed shall be maintained at a temperature ade­quate for the species, but
no less than sixty‑five degrees Fahrenheit.

G.Waste
Disposal. Provisions shall be made for the removal and disposal of animal and
food wastes, bedding, dead animals and debris in accordance with local garbage
disposal laws. Disposal facilities shall be so provided and operated as tominimize
vermin infestation, odors and disease hazards.

H.Lighting.
Indoor housing facilities for all animals shall have ample light, by natural or
artificial means, or both, of good quality and well distributed. Such lighting
shall provide uniformly distributed illumination of sufficient light intensity
to permit routine inspection and cleaning during the entire working period.
Enclosures shall be so placed as to protect the animals from excessive
illumination. (Ord. 2830 §2, 1992; Ord. 2636 §2, 1988).

6.08.430Animal care standards for animals kept at pet
shops.
The following
minimum animal care standards are established for the keeping of animals at pet
shops. It is unlawful for any owner, manager or employee of a pet shop to fail
to care for animals in a manner that at minimum complies with the provisions of
this section:

A.Sanitation.

1.Enclosures. Animal wastes shall be
removed daily from enclosures that do not utilize bedding or more often if
necessary to prevent contamination of the pet animals contained therein, and to
reduce disease hazards and odors. For routine maintenance of enclosures which utilize
bedding such as, but not limited to, those housing rats, mice, gerbils and
hamsters, bedding shall be changed one to three times per week and more often
if necessary to prevent contamination of the pet animals contained therein and
to reduce disease hazards and odors. Enclosures for fish, reptiles, amphibians
and insects shall be cleaned as needed. Enclosures shall be cleaned as often as
necessary to maintain sanitary conditions by washing all surfaces with a
detergent solution followed by a safe and efficient sanitizer.

2.Bedding. There shall be sufficient
clean, dry bedding to meet the needs of each individual animal.

3.Equipment. Water and food containers and
all other utensils shall be cleaned and sanitized when dirty; provided,
however, that such containers shall be sanitized at least once every week.

4.Enclosures, water and food containers,
accessories, and all other utensils shall be cleaned and sanitized prior to
being used with new animals.

5.Additional Requirements for Enclosures
Housing Cats. All enclosures shall have provided a receptacle containing
sufficient clean litter to contain excreta. Enclosures having wire mesh floors
shall have a raised resting board of at least twenty‑five percent of the
floor space, and of sufficient size to comfortably hold all of the occupants of
the enclosure.

6.Pest Control. An effective program for
the control of insects, ectoparasites and avian and mammalian pests shall be
established and maintained whenever neces­sary to maintain adequate health
standards.

7.Animals such as, but not limited to,
rats and mice which are intended for food for other species of ani­mals shall
be cared for in accordance with this article un­til the time they are placed in
the enclosure with the ani­mal being fed. Any animal that has not been killed
or eaten within thirty minutes shall be removed from the en­closure. If
injured, it shall be given veterinary treat­ment or humanely disposed of. At no
time are dogs, cats, kittens or puppies to be used as food for any species of
animals. The feeding of live animals to other animals will not be allowed
during business hours unless it is done in a place out of the public's view.

B.Exercise.
Animals that require daily exercise, such as dogs or cats, should be taken from
enclosures and allowed to exercise on a daily basis, unless the enclosures are
of sufficient size to permit exercise.

C.Food and Water. All animals requiring the
daily intake of food shall be fed at least once every twenty‑four‑hour
period, including Sundays and holidays, unless under special veterinary care.
The food shall be free from contamination, shall be palatable, and of suffi­cient
quality and nutritive value to meet the normal daily requirements for the
condition, size, age and species of the animal. Potable water that is free of
harmful contami­nants or debris shall be available to pet animals at all times,
except when under special veterinary care. Self‑feeders may be used for
the feeding of dry food, and they shall be sanitized regularly to prevent
molding, deterioration or caking of feed.

D.Disease
Prevention.

1.Immunizations. Dogs shall be properly
immu­nized for distemper, parainfluenza, parvovirus, hepatitis and
leptospirosis as is appropriate with the age of the animal based upon normal
veterinary recommendation. Cats shall be immunized for feline distemper
(panleukopenia), calici virus, and rhinotracheitis as is appropriate with the
age of the animal based upon normal veterinary recom­mendation. Ferrets shall
be immunized for canine distemper as is appropriate with the age of the animal
based upon normal veterinary recommendation. Any animal (i.e., dogs, cats and
ferrets) over the age of four months that has a rabies vaccine approved for its
species shall be vaccinated for rabies prior to being sold. Rabies vaccinations
must be administered no later than five days after the animal is acquired by
the store.

2.Veterinary Care. Programs of disease
control and prevention, euthanasia and adequate veterinary care shall be
established and maintained. Whenever an animal demonstrates any symptom of
disease, illness or injury, the store's owner or manager shall provide proper
care and attention in accordance with the recommendation of a doctor of
veterinary medicine. Proper care and veterinary attention shall also be
provided for birds, reptiles, amphibians and other exotic species to meet their
unique needs and demands. In addition, should it become necessary, the store's
owner or manager will insure the humane disposition of any animal owned or
retained by the pet store.

a.Quarantine/Sick Animal Care. All animals
shall be observed daily by the animal caretaker in charge, or by a qualified
person under his/her direct supervision. Sick or diseased, injured, lame or
blind animals shall be provided with veterinary care or humanely disposed of
unless such action affects compliance with any state or local law requiring the
holding for a specified period, of animals suspected of being diseased. Pet
animals under quarantine or treatment of a communicable disease shall be
removed from the area housing other susceptible animals to minimize
dissemination of disease. Any animal which exhibits symptoms of disease or
illness shall be separated to the greatest extent possible from other healthy
animals. No animal which is known to have, or may reasonably be suspected of
having, a disease contagious or communicable to humans may be offered for sale
by any pet shop. To minimize the risk of spreading disease back into the
store's showroom, any food or equipment used or stored in the quarantine
facility should be strictly limited to that area unless it has been properly
disinfected and sanitized prior to use elsewhere.

b.Adequate hand washing facilities shall
be provided, and employees shall be required to wash their hands with a
germicidal agent before and after handling any sick animals. Signs requiring
hand washing shall be visibly posted in the quarantine area.

c.Dogs and cats under eight weeks of age
shall not be displayed or offered for sale.

E.General
Storage. Supplies of food and bedding shall be stored off the floor or in
waterproof closed containers and, in either case, adequately protected against
infestation or contamination by vermin. If grooming services are offered by the
pet shop, the grooming facility shall be separated from storage of animal food
and from enclosures for sick animals. Refrigeration shall be provided for
supplies of perishable food, vaccines, and when necessary, for medication.

F.Recordkeeping.
Every pet shop shall keep a permanent record and inventory of all warm‑blooded
animal acquisitions, excluding rodents, under its control. Each permanent
record shall reflect a description of a specific warm-blooded animal, date of
arrival at the pet store, point of its origin, proof of a rabies vaccination,
list of other inoculations, any illnesses or injuries, and its disposition
including date of sale/transfer to a consumer, and name and address of the
consumer. A copy of this record shall be provided to each purchaser at the time
of purchase or transfer of ownership. Records shall be kept in a man­ner that
allows all information about an animal to be traced by its purchaser's name. A
rabies certificate, issued by a licensed veterinarian, shall constitute proof
of a rabies vaccination. Death records shall state the species of the deceased
animal, the date and cause of death if known, and if it was euthanized, the
name of the person performing the euthanasia and the method that was used. Such
records shall be kept by the pet shop operator for one year from the date of
the transaction, and must be kept on the premises for at least ninety days. All
records shall be open to inspection by the animal control officer at all
reasonable times.

A.Employees. A sufficient number of
trained, quali­fied employees shall be utilized to maintain the prescribed
level of care and maintenance set forth in this article. Such practices shall
be under the supervision of an animal caretaker who has adequate knowledge of
the needs of each species cared for. A copy of this article shall be given to
all employees at the time of employment, and a copy shall be available to the
public if requested.

B.Instructional Material. Printed
information on the care and maintenance of an animal's species shall be
available for every animal that is sold or exchanged in the pet store. Signs
stating the availability of this informa­tion shall be visibly posted at each
sales counter.

6.08.440Inspections.
All pet shops and boarding kennels located within the city shall have an
unannounced inspection by an animal control officer at least once per year and
whenever an animal control officer is investigating a complaint concerning the
provisions of this chapter. Whenever an animal control officer inspects a pet shop
or a boarding kennel, a physical copy of the officer's findings will be
provided to the owner or manager, regardless of whether or not a violation was
found. (Ord. 3472, 2011; Ord. 2830 §4,
1992; Ord. 2636 §4, 1988).

6.08.445Boarding kennels.Boarding kennels are required to maintain a current boarding kennel
license and to keep accurate records of all animals entering and leaving the
facility.Records shall also include,
but are not limited to, proof of a current rabies vaccination for every animal at
the facility.(Ord. 3472, 2011)

A.It shall
be unlawful for any person to sell, trade, or barter a live animal on a
roadside, public right-of-way, commercial parking lot, or at an outdoor special
sale, swap meet, flea market, parking lot sale, or similar event.

B.This
section does not apply to:

1.A city licensed pet shop.

2.An event held primarily for the sale of
agricultural livestock such as hoofed animals or animals or fowl commonly
raised for food, dairy, or fiber products; or

3.An animal shelter or an animal control
shelter.

4.4-H and FFA animals sold during the Western
Montana Fair on the Missoula County Fairgrounds.

For violations of Sections 6.08.410, 6.08.420, 6.08.430
or 6.08.440, a pet shop owner or manager shall
be deemed to be the party responsible for any violation occurring at his/her
premises and shall be absolutely liable for any offense actually proven without
the necessity of proving any mental state or intent to commit the offense.

"Performance"
means any public showing, presentation, exposition, fair,
act, circus, ride, trade show, petting zoo, carnival, parade, race, exhibition,
or similar undertaking in which live animals
are required to perform tricks, fight, or participate as accompaniments for the
entertainment or amusement, or benefit of an audience.

For
the purposes of this section, “wild and exotic animal” means any animal that is
not a domestic animal or livestock and includes any or all of the following
orders and families, or similar orders and families whether bred in the wild or
in captivity, and any hybrid with domestic animals. The animals listed in
parentheses are intended as examples and are not to be construed as an
exhaustive list or limit the generality of each group of animals listed, unless
otherwise specified:

A.Non-human primates and prosimians
(chimpanzees, monkeys)

B.Felidae (except domestic cats);

C.Canidae (except domestic dogs);

D.Ursidae (bears);

E.Proboscidae (elephants);

F.Crocodilia
(alligators, crocodiles);

G.Marsupialia (kangaroos, opossums);

H.Reptilia over eight feet in length and
snakes and reptiles of venomous variety;